November 4, 2005: State Department policy decrees day-to-day operations are to be done on government servers.

US State Department headquarters in Washington, DC.

State Department headquarters in Washington, DC. (Credit: AgnosticPreachersKid)

The State Department decrees that “sensitive but unclassified” information should not be transmitted through personal email accounts. It also states, “It is the Department’s general policy that normal day-to-day operations be conducted on an authorized [government server], which has the proper level of security control to provide nonrepudiation, authentication, and encryption, to ensure confidentiality, integrity, and availability of the resident information.” (US Department of State, 1/12/2016) (The Washington Post, 3/10/2015)

The department’s regulations also require that “Departing officials must ensure that all record material that they possess is incorporated in the Department’s official files and that all file searches for which they have been tasked have been completed, such as those required to respond to FOIA [Freedom of Information Act], Congressional, or litigation-related document requests. Fines, imprisonment, or both may be imposed for the willful and unlawful removal or destruction of records as stated in the US Criminal Code (e.g., 18 U.S.C., section 2071).” (US Department of State, 8/17/2007)

April 15, 2008: Clinton promises transparency.

2008HillaryHumaPoliticoCopy

Clinton closes a cell phone before handing it back to her aide Huma Abedin in 2008. (Credit: Politico)

During Clinton’s unsuccessful presidential campaign, Clinton says that if she is elected, “we will adopt a presumption of openness and [fulfilling] Freedom of Information Act [FOIA] requests and urge agencies to release information quickly.” (The Federation of American Scientists, 4/15/2008)

But the Washington Post will later report that within days of Clinton becoming the secretary of state in early 2009, “Clinton’s senior advisers were already taking steps that would help her circumvent those high-flown words.” (The Washington Post, 3/27/2016)

January 21, 2009: President Obama pledges to increase government transparency.

President Obama delivers a speech after being sworn in on January 21, 2009. (Credit: Jim Young / Reuters)

President Obama delivers a speech after being sworn in on January 21, 2009. (Credit: Jim Young / Reuters)

During his swearing-in ceremony, Obama says, “Let me say it as simply as I can. Transparency and the rule of law will be the touchstones of this presidency.”

He adds, “Starting today, every agency and department should know that this administration stands on the side not of those who seek to withhold information, but those who seek to make it known. […] The Freedom of Information Act [FOIA] is perhaps the most powerful instrument we have for making our government honest and transparent, and of holding it accountable. And I expect members of my administration not simply to live up to the letter but also the spirit of this law.” (The White House, 1/21/2009)

In November 2016, Slate will comment, “Needless to say, the agencies have not taken this order seriously, nor has Obama pressured or prodded them to do so. Many crises crowded his agenda soon after his inauguration, leaving the cause of government openness on the back burner, if not in the freezer.” (Slate, 11/2/2016)

January 21, 2009—February 1, 2013: Four of Clinton’s top aides frequently use personal email accounts for work matters and then fail to properly archive them.

After Clinton’s email scandal becomes public in March 2015, The State Department will request all work-related emails from four of Clinton’s top aides: Cheryl Mills, Huma Abedin, Jake Sullivan, and Philippe Reines. The emails will be turned over between June and August 2015.

Top left: Cheryl Mills, Top Right: Huma Abedin, Lower left: Jake Sullivan, Lower right: Philippe Reines

Top left: Cheryl Mills, Top Right: Huma Abedin, Lower left: Jake Sullivan, Lower right: Philippe Reines

A department analysis will determine that all four aides frequently used personal email accounts for work matters, although they had government email accounts and sometimes used those as well. The combined work-related personal emails from the four of them will total nearly 72,000 printed pages. One of the four sends and receives 9,585 work emails using a personal account while Clinton is secretary of state, though it isn’t clear which one. That person averages nine work emails from that account per work day.

In May 2016, the department’s inspector general will conclude that, just like Clinton, “these [four aides] failed to comply with department policies… because none of these emails were preserved in department recordkeeping systems prior to [being handed over] in 2015.” (US Department of State, 5/25/2016)

January 22, 2009: Clinton gets an annual security briefing on the proper handling of classified materials, but this is her only one in her four years as Secretary of State.

Colonel James Waurishuk, former deputy director of intelligence for US Central Command. (Credit: 912organizer / YouTube)

Colonel James Waurishuk, former deputy director of intelligence for US Central Command. (Credit: 912organizer / YouTube)

All State Department employees are required to receive regular security training through a briefing at least once a year. It is not clear how or why Clinton will miss her briefing in the next three years. At the end of the briefing she does attend, she signs a document acknowledging her understanding of what she has been told. This is according to State Department documents that will be released to the Daily Caller in 2016 due to a Freedom of Information Act (FOIA) request.

State Department spokesperson Mark Toner will later tell reporters, “It’s my understanding that the secretary of state, everybody in this building, would receive that type of training and awareness. We all have to undergo through that. It’s considered mandatory.”

Former senior intelligence officer Colonel James M. Waurishuk will comment, “Who decided she would only get that one-time briefing? That almost sounds as if it’s a culture issue within her organization. I can’t imagine what went through her mind. There’s no excuse.” (The Daily Caller, 3/24/2016)

February 13, 2009: It appears the NSA will be able to give Clinton a secure BlackBerry, but this doesn’t happen.

The National Security Agency (NSA) headquarters, in Fort Meade, Maryland. (Credit: public domain)

The National Security Agency (NSA) headquarters, in Fort Meade, Maryland. (Credit: public domain)

Clinton’s chief of staff Cheryl Mills writes in an email to Clinton that a National Security Agency (NSA) official “indicated they could address our BB [BlackBerry] so that BB could work in” secure spaces, “based upon some modifications that could be done.”

Clinton writes back, “That’s good news.”

Eventually, the NSA will decide that creating special BlackBerry modification would be too problematic, so Clinton and her aides will continue to use their unsecure BlackBerrys.

In December 2014, Clinton will turn over more than 30,000 emails, claiming those were all her work-related emails and she deleted the rest. These work-related emails will not be included in those. Instead, the State Department will give them to Judicial Watch in 2016 in response to a Freedom of Information Act (FOIA) lawsuit. Clinton will later inaccurately claim that she didn’t start using her private email account until March, 18, 2009. (The Hill, 3/24/2016) (Judicial Watch, 3/24/2016) (Judicial Watch, 3/17/2016)

May 2010: The Associated Press files the first FOIA request for Clinton’s communications.

FOIA Logo (US Dept. of Justice)

FOIA Logo (US Dept. of Justice)

The Freedom of Information Act (FOIA) request is apparently for Clinton’s schedules, not her emails. In March 2015, it will be reported the request still had not be fulfilled, causing the Associated Press to finally sue to force the issue. (The New York Times, 3/3/2015) (The Associated Press, 3/11/2015)

November 2010: Clinton writes she doesn’t want “any risk of the personal being accessible” in her emails, contradicting her later claim that her main concern is “convenience.”

The seventeen words that merited a headline by the New Yorker: "Let's get separate address or device but I don't want any risk of the personal being accessible." (Credit: The New Yorker)

The seventeen words that merited a headline by the New Yorker: “Let’s get separate address or device but I don’t want any risk of the personal being accessible.” (Credit: The New Yorker)

Clinton and her deputy chief of staff, Huma Abedin, discuss the fact that Clinton’s emails to other State Department employees are sometimes not being received. Apparently, they are getting discarded as spam because they are coming from an unofficial address.

Abedin tells Clinton in an email that “we should talk about putting you on state email or releasing your email address to the department so you are not going to spam.”

In response, Clinton writes, “Let’s get separate address or device but I don’t want any risk of the personal being accessible.” (US Department of State, 5/25/2016)

In 2016, the New Yorker Magazine will comment that Clinton’s “personal being accessible” comment “seem[s] to confirm what many observers have suspected from the outset: Clinton’s main motive in setting up the email system wasn’t to make it easier for her to receive all her messages in one place, or to do all her business on her beloved BlackBerry; it was to protect some of her correspondence—particularly correspondence she considered private—from freedom-of-information requests and other demands for details, for example, from Republican-run congressional committees.” (The New Yorker, 5/26/2016)

These emails between Clinton and Abedin will not be included in the 30,000 work-related emails that Clinton turns over to the State Department in December 2014, even though they clearly discuss work matters. The State Department will later discover them through other means, most likely from Abedin’s email inbox. (The Associated Press, 5/26/2016)

June 2011: Huma Abedin’s emails are requested, but the State Department will not turn any over.

Gawker files a Freedom of Information Act (FOIA) request for some of Clinton’s deputy chief of staff Huma Abedin’s email correspondence. The exact scope of the request is not clear from media accounts. The State Department eventually returns no documents, although the timing of their reply also is not clear.

In March 2015, it will be revealed that Abedin primarily used an email account at the clintonemail.com server, just like Clinton did. Presumably this is why no emails are turned over. However, she also used a .gov email account. (Gawker, 3/3/2015)

August 30, 2011: Clinton again decides not to use the government email address already provided her.

Hurricane Irene on August 27, 2011 at 10:10 a.m. EDT (Credit: NASA)

Hurricane Irene on August 27, 2011 at 10:10 a.m. EDT (Credit: NASA)

Clinton’s private BlackBerry temporarily stops working, due to disruptions in the New York area following Hurricane Irene, and some State Department officials are talking about what to do to fix the problem.

John Bentel, director of the department’s Information Resources Management (IRM) office, notes in an email sent to department official Monica Hanley that a government email address was set up for Clinton when she became secretary of state: SSHRC@state.gov. He points out, “you should be aware that any email would go through the Department’s infrastructure and subject to FOIA [Freedom of Information Act] searches.”

However, Clinton has never used the account, and she still chooses not to use it. Instead, this account is only used by Clinton’s staff to maintain an Outlook calendar.

Bentel notes there are some old emails associated with the account, but none since January 2011, and they could be deleted.

Hanley forwards the email to Clinton’s deputy secretary of state Huma Abedin, but if here’s any email reply from her or Clinton, it’s unknown. (US Department of State, 5/25/2016)  (US Department of State, 6/20/2016)

September 20, 2011: Clinton’s State Department pledges to improve processing FOIA requests while Clinton keeps her emails out of reach of all such requests.

Abedin (standing) and Clinton (on cell phone) attend a meeting with leaders of the Open Government Partnership in New York on September 20, 2011. (Credit: Politico)

Abedin (standing) and Clinton (on cell phone) attend a meeting with leaders of the Open Government Partnership in New York on September 20, 2011. (Credit: Politico)

The US is one of the founding members of the Open Government Partnership, an international initiative joined by over 60 countries to promote government transparency. The US State Department makes several commitments as part of a transparency action plan. One is to overhaul how the US government stores and manages its records, to create “a reformed, digital-era, government-wide records management framework that promotes accountability and performance.” It also pledges to reform how it processes requests under the Freedom of Information Act (FOIA), making government information more searchable and available to the public.

In 2015, Ryan Shapiro, a FOIA expert at the Massachusetts Institute of Technology, will point out that Clinton made this commitment even while she attempted to keep all of her emails from future public scrutiny. “Secretary Clinton’s hypocritical and self-serving stance on transparency should be deeply troubling to everyone who cares about open government and accountability. It’s ironic that Secretary Clinton championed an open government partnership for other countries while simultaneously working diligently to subvert transparency at home.” (Bloomberg News, 3/5/2015) (Opengovpartnership.org, 1/13/2016)

2012: The State Department is the worst US government department in dealing with FOIA requests.

Project On Government Oversight logo (Credit: POGO)

Project On Government Oversight logo (Credit: POGO)

According to the Center for Effective Government, a government watchdog group which will later merge into the Project On Government Oversight (POGO), in the fiscal year of 2012, Clinton’s last full year in office, the State Department ranks last out of the 15 major government departments for its handling of Freedom of Information Act (FOIA) requests. It earns an “F” grade, with a score well below any other department. (Bloomberg News, 3/5/2015) (Center for Effective Government, 3/5/2016)

April 2012: A photo leads to confirmation Clinton is not using a government email account, but no action is taken.

Clinton checks her Blackberry in a military C-17 plane bound for Tripoli, Libya October 18, 2011. (Credit: Kevin Lamarque / The Associated Press)

Clinton checks her Blackberry in a military C-17 plane bound for Tripoli, Libya October 18, 2011. (Credit: Kevin Lamarque / The Associated Press)

A photo of Clinton using her BlackBerry while wearing sunglasses on a military plane in 2011 becomes popular on the Internet, prompting a “Texts from Hillary” meme.

In court testimony in 2016, State Director of Executive Secretariat Staff Karin Lang will recall that Clarence Finney, who oversees the State Department’s responses to Freedom of Information Act (FOIA) searches, sees the photo in the media and wants to know if Clinton still does not have a government email account. Finney checks with the department’s information management staff and confirms she still doesn’t have one. According to Lang, Finney will not recall who told him this, or when it happened exactly. (Politico, 6/9/2016

However, the photo’s popularity starts and peaks in April 2012. The Washington Post comments about the photo at the time, “When Hillary Rodham Clinton checks her phone, she’s probably reading top secret e-mails…” But this does not lead to any attempt by Finney or others to find if she might have a private email account that could be responsive to FOIA requests. (The Washington Post, 4/5/2012)

December 6, 2012: A non-profit group files a Freedom of Information Act (FOIA) request seeking Clinton’s emails, but a Clinton aide says the emails don’t exist despite knowing that they do.

The CREW logo (Credit: CREW)

The CREW logo (Credit: CREW)

The request by Citizens for Responsibility and Ethics in Washington (CREW) ask for “records sufficient to show the number of email accounts of or associated with Secretary Hillary Rodham Clinton.” (US Department of State, 7/29/2016)

This request is sparked by reports that Lisa Jackson, administrator of the Environmental Protection Agency, had been using an email account at work under the name “Richard Windsor.”

Clinton is still secretary of state at the time, and her chief of staff Cheryl Mills soon learns of CREW’s request, due to a December 11, 2012 email sent to her  (and possibly Clinton) about it. But although Mills is very aware of Clinton’s private email address since she frequently sends emails to it, she doesn’t take any action and merely has an aide monitor the progress of CREW’s request.

In May 2013, the State Department will respond to CREW, “no records responsive to your request were located.”

Other requests for Clinton’s records will meet the same fate until the House Benghazi Committee finds out about her private email account in 2014. (The Washington Post, 3/27/2016) (The Washington Post, 1/6/2016)

February 13, 2013: Clinton’s deputy chief of staff Huma Abedin signs a pledge that she has given all of her work-related documents back to the State Department, but she didn’t.

Huma Abedin on her cell phone in Londonderry, New Hampshire, on January 3, 2016. (Credit: Rick Friedman / Corbis)

Huma Abedin on her cell phone in Londonderry, New Hampshire, on January 3, 2016. (Credit: Rick Friedman / Corbis)

All State Department officials are required to sign the “separation statement” when they leave the department, known as the OF-109 form. However, Abedin has a private email address (huma@clintonemail.com) on the same private server that Clinton does, and when she leaves the department in February 2013 she does not turn over any of her emails from it, including work-related emails.

Her emails will not be handed over until a couple of years later, after various lawsuits and investigations. In signing the form, Abedin acknowledges she could be subject to “criminal penalties” for lying on the document.

The Hill will later report, “It’s unclear whether Abedin would be subject to prosecution, given the unusual nature of Clinton’s private email setup.” (The Hill, 11/13/2015) (US Department of State, 9/11/2015)

March 20, 2013: Gawker publishes an article that reveals Clinton’s use of a private email address and notes it “could be a major security breach.”

The article notes that the hacker nicknamed Guccifer broke into the email account of Clinton confidant Sid Blumenthal. “[W]hy was Clinton apparently receiving emails at a non-governmental email account? The address Blumenthal was writing to was hosted at the domain ‘clintonemail.com’, which is privately registered via Network Solutions. It is most certainly not a governmental account. […] And there seems to be little reason to use a different account other than an attempt to shield her communications with Blumenthal from the prying eyes of FOIA [Freedom of Information Act] requesters.

Neither the State Department nor the White House would immediately comment on whether the White House knew that Blumenthal was digitally whispering in Clinton’s ear, or if the emails were preserved as the law requires. And if, as it appears, Blumenthal’s emails contained information that was classified, or ought to have been treated as such, it could be a major security breach for Clinton to have allowed it to be sent to her on an open account, rather than through networks the government has specifically established for the transmission of classified material.” (Gawker, 3/20/2013)

Late March 2013 or After: Emails between Clinton and Blumenthal are requested, but the State Department will fail to turn them over.

Gawker files a Freedom of Information Act (FOIA) request seeking all emails between Clinton and her confidant Sid Blumenthal. Due to the revelation of Clinton’s exact email address by the hacker nicknamed Guccifer in March 2013, the request specifies that address along with Blumenthal’s AOL [America Online] address.

However, even though some emails between Clinton and Blumenthal had been made public by Guccifer, the State Department eventually tells Gawker it could find no records responsive to the request. The exact timing of the request and the reply is not clear. (The New York Times, 3/3/2015) (Gawker, 3/3/2015)

May 10, 2013: The State Department responds to a FOIA request that there is no evidence of a Clinton email address when there clearly is.

On December 6, 2012, the non-profit group Citizens for Responsibility and Ethics in Washington (CREW) filed a Freedom of Information Act (FOIA) request, asking for records that show the number of Clinton’s email accounts.

Anne Weismann (Credit: public domain)

Anne Weismann (Credit: public domain)

On this day, State Department official Sheryl Walter sends a response letter to CREW’s chief counsel Anne Weismann that states “no records responsive to your request were located.” No details or reasons are given. (US Department of State, 8/29/2016)

In fact, Clinton’s chief of staff Cheryl Mills was informed about this FOIA request while Clinton was still secretary of state, and she knew Clinton’s private email address was responsive to the request, but she took no action and merely had another official monitor the progress of the request. Clinton may have been sent an email about it as well.

Also, in the months since the FOIA request was made, Clinton’s exact email address was revealed to the media, due to the Guccifer hack of a Clinton associate in March 2013. But the department’s “no response” reply would mean she used no email address for work.

Steve Linick, the State Department’s inspector general, will conclude in a 2016 report that the State Department gave an “inaccurate and incomplete” response about Clinton’s email use in this case and in other similar cases. (The Washington Post, 3/27/2016) (The Washington Post, 1/6/2016)

May 21, 2013—February 12, 2014: Clinton’s emails are not searched in response to a relevant FOIA request.

On May 21, 2013, Judicial Watch files a Freedom of Information Act (FOIA) request relating to Clinton aide Huma Abedin and the six-month time period starting in 2012 when she held three outside jobs in addition to being Clinton’s deputy chief of staff. Part of the request is for communications about this matter from Clinton and Abedin.

State Department official Jonathon Wasser is asked to search for relevant records on October 1, 2013. He searches several department databases in November 2013, but does not check for emails from Abedin’s government email account or her private account, or Clinton’s private account. As a result, the official response given to Judicial Watch on February 12, 2014, contains only eight documents, and none of them are emails. Thus, Clinton’s exclusive use of a private email account will remain a secret.

It will later be revealed that department officials at the time generally did not search for emails even when a FOIA request asked for that type of communication.

In 2015, after Clinton’s email scandal becomes public, the department will finally search for and find emails from both Clinton and Abedin responsive to the FOIA request. (Politico, 6/9/2016(Judicial Watch, 6/8/2016)

Early June 2013: State Department officials discover Clinton’s personal email address and then fail in their legal obligation to share her emails with others.

Heather Higginbottom (Credit: public domain)

Heather Higginbottom (Credit: public domain)

State Department staff reviewing material to possibly give to Congressional committees examining the September 2012 Benghazi terrorist attack discover emails sent by former Clinton aide Jake Sullivan to a personal email address belonging to Clinton.

In ensuing weeks, senior department officials discuss if the Federal Records Act (FRA) requires the department to turn over emails from such personal accounts. In fact, the act does require emails to be turned over if they are work-related. However, an internal investigation will later determine that the department does not notify the National Archives and Records Administration (NARA) of a potential loss of records at any point in time. Furthermore, none of Clinton’s emails are given to any Congressional committee in 2013, nor are they provided in response to any Freedom of Information Act (FOIA) requests that year.

According to department official Heather Higginbottom, Secretary of State John Kerry is not a part of these discussions or decisions. (US Department of State, 5/25/2016) 

Around this debate period, on August 7, 2013, department officials find 17 FOIA requests relating to Clinton in their records, with some of them specifically requesting Clinton emails. But none of the requesters are told about any of Clinton’s emails  apparently due to the result of this debate.

Clinton’s personal email address will be rediscovered in May 2014 after a document request from the new House Benghazi Committee.

August 7, 2013: State Department officials find 17 FOIA requests relating to Clinton’s emails at the time the department found her email address, but none of the requesters are told about the emails.

Sheryl Walter (Credit: Facebook)

Sheryl Walter (Credit: Facebook)

In December 2012, the non-profit group Citizens for Responsibility and Ethics in Washington (CREW) filed a Freedom of Information Act (FOIA) request, asking for records that show the number of Clinton’s email accounts. (US Department of State, 7/29/2016) But in May 2013, State Department official Sheryl Walter sent a response letter to CREW that stated “no records responsive to your request were located.” US Department of State, 8/29/2016)

In early June 2013, some State Department officials looking over material to possibly give to a Congressional investigation discovered Clinton’s private email address. Then, in the ensuing weeks, senior department officials debated if they were required to turn over such information. In fact, regulations state they are required to do so, but they ultimately fail to share the address with anyone anyway. (US Department of State, 5/25/2016)

During this apparent debate period, on August 7, 2013, employees of the department’s FOIA response team search for FOIA requests related to Clinton’s emails.

Geoff Hermesman (Credit: LinkedIn)

Geoff Hermesman (Credit: LinkedIn)

Margaret Grafeld mentions in an email to John Hackett, Sheryl Walter, Karen Finnegan, Geoff Hermesman, and two other department officials, “John, you mentioned yesterday requests for Secretary Clinton’s emails; may I get copies, pls [please] and thx [thanks].”

Sheryl Walter replies to the group, “Goeff, can you get a copy of all requests related to this request? Karen, I don’t think we have any litigation on this topic, do we? Did we respond to the CREW request yet?” (Walter actually was the one who wrote CREW in May 2013 that no emails had been found.)

Geoff Hermesman then replies to Sheryl Walter and the group, “Sheryl, A search of the F2 database identified 17 FOIA cases that contain Clinton in the subject line and can be further construed as requests for correspondence between the Secretary and other individuals and/or organizations. Of these, four specifically mention emails or email accounts.” He also mentions that two of those four cases are open and the other two are closed.

Gene Smilansky (Credit: New York Times)

Gene Smilansky (Credit: New York Times)

Walter then emails just Karen Finnegan and Gene Smilansky, “What about the CREW request? Is that still outstanding?”

Finnegan explains in subsequent emails to Walter and Smilansky that CREW was sent a response, and then provides the exact quote of the CREW request.

Smilansky, who is a department lawyer and legal counsel, then asks Walter and Finnegan to discuss it with him over the phone, so that is the end of the email trail. (US Department of State, 8/29/2016)

There is no evidence any of the 17 FOIA requesters are told about Clinton emails that are responsive to their cases, presumably due to the above-mentioned higher-level department debate. Only in the later half of 2014 will the department change this policy, after a new Congressional committee search for documents.

September 10, 2013: Records are sought for Clinton aide Huma Abedin’s multiple simultaneous jobs.

The Judicial Watch logo (Credit: Judicial Watch)

The Judicial Watch logo (Credit: Judicial Watch)

Judicial Watch, a politically conservative non-profit advocacy organization, files a complaint against the State Department in a US district court seeking records under the Freedom of Information Act (FOIA) relating to Abedin, Clinton’s former deputy chief of staff. Judicial Watch is particularly interested in Abedin’s role as a “special government employee” (SGE), a consulting position which allowed her to represent outside clients while also serving at the State Department. (Judicial Watch, 3/12/2015) 

The lawsuit will be dismissed in March 2014, but then in June 2015 it will be reopened due to the discovery of Clinton’s private email account. (Judicial Watch, 6/19/2015)

August 2014: A top watchdog non-profit is taken over by a Clinton ally; its effort to force the release of Clinton’s emails is shut down.

David Brock (Credit: Danny Johnston / The Associated Press)

David Brock (Credit: Danny Johnston / The Associated Press)

Citizens for Responsibility and Ethics in Washington (CREW) has been one of the top political watchdog organizations, targeting unethical and corrupt behavior in both major political parties. In August 2014, wanting to bring on a new board chair with a strong fundraising base, CREW hires David Brock. Brock does have ties to many Democratic donors, but he’s particularly tied to Hillary Clinton. He will found and run her main Super PAC [political action committee] for her 2016 presidential campaign, as well as leading other pro-Clinton groups.

Brock becomes chair of CREW, and moves the organization to a building housing the other groups led by Brock that heavily support Clinton.

A leadership change soon follows, as those who disagree with the new pro-Clinton focus depart and are replaced by Clinton supporters. CREW had published an annual list of the “most corrupt” members of Congress, as well as other critical reports, but that stops.

When Clinton’s email scandal becomes public in March 2015, CREW will stay silent, even though the State Department’s inspector general concluded that CREW’s request for Clinton’s e-mails had been improperly denied. (Bloomberg News, 4/11/2016)

November 4, 2014: Reporter Jason Leopold of Vice News files a Freedom of Information Act (FOIA) request for all of Clinton’s emails while she was secretary of state.

Jason Leopold (Credit: Vice News)

Jason Leopold (Credit: Vice News)

It has not yet been made public that Clinton used a private email address and private server, but Leopold will later explain the request came “when it became clear that she would announce her candidacy for US president. Our goal was to provide the public with information about Clinton’s work as the nation’s top diplomat between 2009 and 2013, along with any insight it offered into what a Clinton presidency would look like.” (Vice News, 2/29/2016) (Politico, 3/28/2015) The request will eventually lead to the public release of over 30,000 of Clinton’s emails. (Vice News, 11/4/2016)

Between December 5, 2014 and December 11, 2014: Clinton tells Mills she doesn’t need her “personal” emails, resulting in Mills telling those managing Clinton’s server to delete them.

In 2016, Clinton’s former chief of staff Cheryl Mills will be interviewed by the FBI. Mills will claim that in December 2014, Clinton decided she no longer needed access to any of her emails older than 60 days. This comes shortly after the State Department formally asked Clinton for all of her work-related emails, on October 28, 2014. This decision has to take place before an email discussing it on December 11, 2014, written Paul Combetta, the Platte River Networks (PRN) employee managing Clinton’s private server.

Paul Combetta (Credit: Facebook)

Paul Combetta (Credit: Facebook)

Even so, Mills will claim she instructed Combetta to modify the email retention policy on Clinton’s clintonemail.com email account to reflect this change. (PRN is managing Clinton’s private server at the time.) This means that the 31,830 Clinton emails that Mills and Clinton’s other lawyers David Kendall and Heather Samuelson recently decided were not work-related will be deleted after 60 days.

However, Combetta will later say in an FBI interview that he forgot to make the changes to Clinton’s clintonemail.com account and didn’t make them until late March 2015.

Clinton will also later be interviewed by the FBI. She will claim that after her staff sent her work-related emails to the State Department on December 5, 2014, “she was asked what she wanted to do with her remaining personal emails. Clinton instructed her staff she no longer needed the emails. Clinton stated she never deleted, nor did she instruct anyone to delete, her emails to avoid complying with FOIA [Freedom of Information Act], State [Department], or FBI requests for information.”

However, Clinton saying her personal emails were no longer needed, then having Mills tell PRN to have them delete them after 60 days, will result in all of Clinton’s emails that her lawyers deemed personal getting permanently deleted. The FBI will later recover some of the emails through other means and discover that thousands actually were work-related. (Federal Bureau of Investigation, 9/2/2016)

January 25, 2015: A lawsuit filed this day will result in the release of all of Clinton’s work emails.

Judge Rudolph Contreras (Credit: The National Law Journal)

Judge Rudolph Contreras (Credit: The National Law Journal)

Jason Leopold of Vice News files a lawsuit seeking all of Clinton’s emails during her time as secretary of state. (Politico, 3/28/2015) Leopold first requested the emails in a November 2014 Freedom of Information Act (FOIA) request. (Vice News, 2/29/2016

As a result of this lawsuit, in May 2015, US District Judge Rudolph Contreras will order rolling production and release of the work-related emails in the State Department’s possession in monthly batches. (Vice News, 5/19/2015)

February 25, 2015: Bill Clinton won’t tell the State Department how much he’s being offered to give speeches, making it difficult for the department to reject any offers.

Richard Painter (Credit: Harvard Center for Ethics)

Richard Painter (Credit: Harvard Center for Ethics)

Politico reports, “In hundreds of documents released to Politico under the Freedom of Information Act [FOIA], not a single case appears where the State Department explicitly rejected a Bill Clinton speech.” They raised serious questions about only two speech proposals. “Instead, the records show State Department lawyers acted on sparse information about business proposals and speech requests and were under the gun to approve the proposals promptly.”

The Clintons made a deal with the White House to require State Department ethics officials to give their approval of all of Bill Clinton’s paid speech offers. However, the deal didn’t require Clinton to reveal how much he would be paid for any speech, and he didn’t voluntarily disclose this, so the officials were unable to judge if he was being overpaid and thus essentially bribed. He also didn’t reveal potential conflicts of interests with those paying for the speeches, such as donations to the Clinton Foundation or other relationships with the Clintons.

Richard Painter, a former White House ethics lawyer, says that since the department officials didn’t know the specific speech fees in advance, he doesn’t see how they could have fairly judged whether to approve the speech or not. “That would be a gap if they didn’t find out at all.” (Politico, 2/25/2015)

March 11, 2015: The Associated Press sues the State Department to force the release of Clinton’s documents that the department has failed to turn over.

The Associated Press made various Freedom of Information Act (FOIA) requests long before the Clinton email scandal became publicly known. In some cases, the requests were made five years earlier, as far back as May 2010, and still hadn’t been fulfilled. The requests don’t involve emails but are mostly for Clinton’s calendars and schedules. (The Associated Press, 3/11/2015) (The Associated Press, 8/7/2015) (The New York Times, 3/3/2015)

The Associated Press will finally get some of the documents in July 2016.  (The Associated Press, 6/24/2016)

March 11, 2015: Senator Rand Paul criticizes comments Clinton made about her email scandal.

Senator Rand Paul (Credit: Lexington Herald Leader)

Senator Rand Paul (Credit: Lexington Herald Leader)

Paul (R) says, “She says she didn’t transfer classified information; her schedule is classified. Like if you want to know when she goes to yoga, that’s really benign, but what if you’re a terrorist? That would be an important item to know… So when her schedule is transferred via email, it should go through a secure device. When she says, ‘Oh, I for convenience sake I didn’t want to use two phones,’ well one, someone should inform her you can put two email apps on one phone. But the other thing is that her convenience shouldn’t trump national security. If she’s having a conversation with the president via email, which she admits that she did, do you think if you wanted to read it, if you did a Freedom of Information Act, do you think they’ll give it to you? They’ll say it’s classified. Yet she’s saying ‘I didn’t do anything classified.’” (The Today Show, 3/11/2015) 

Paul will run for president later in 2015, but will drop out early.

Early May 2015—Early July 2015: Patrick Kennedy and other State Department officials allegedly attempt to change or remove the classification codes of some Clinton emails to make their release less politically damaging for Clinton.

An unnamed State Department official who worked in the Office of Information Programs and Services (IPS) will be interviewed by the FBI on August 17, 2015. She will claim there was a deliberate effort to change some Clinton emails bearing the “B(1)” code, which classifies information due to “national security,” to the “B(5)” code, which classifies information mostly due to “interagency or intra-agency communications.”

This person “believed there was interference with the formal [Freedom of Information Act] FOIA review process. Specifically, [the State Department’s] Near East Affairs Bureau upgraded several of Clinton’s emails to a classified level with a B(1) release exemption. [Redacted] along with [redacted] attorney, Office of Legal Counsel called State’s Near East Affairs Bureau and told them they could use a B(5) exemption on an upgraded email to protect it instead of the B(1) exemption.”

Under Secretary of State Patrick Kennedy (Credit: Brendan Hoffman / Getty Images)

Under Secretary of State Patrick Kennedy (Credit: Brendan Hoffman / Getty Images)

The interviewee reported in early May 2015 that Under Secretary for Management Patrick Kennedy “held a closed-door meeting with [redacted]  and [redacted] [Justice Department’s] Office of Information Programs where Kennedy pointedly asked [redacted] to change the FBI’s classification determination regarding one of Clinton’s emails, which the FBI considered classified. The email was related to FBI counter-terrorism operations.” (Federal Bureau of Investigation, 9/23/2016)

In October 2016, Fox News will report, “This appears to be one of two emails that kick-started the FBI [Clinton email investigation] in the summer of 2015.” (Fox News, 10/6/2016) The email in question was sent on November 18, 2012 by department official Bill Roebuck and forwarded to Clinton by her aide Jake Sullivan. If Kennedy tried to change the classified code on this email he must have failed, because when the email is published on May 22, 2015, it is classified at the “secret” level (the medium level below “top secret”) due to a section using the B(1) code. (US Department of State, 5/22/2015)

However, classification codes may be changed on other emails. On August 26, 2015, Fox News will report that “Kennedy, who was deeply involved in the Benghazi controversy, is running interference on the classified email controversy on Capitol Hill. Two sources confirmed that Kennedy went to Capitol Hill in early July [2015] and argued [the November 18, 2012] email from Clinton aide Jake Sullivan [plus one other email] did not contain classified material. … One participant found it odd Kennedy insisted on having the discussion in a secure facility for classified information, known as a SCIF,” although Kennedy claimed the two emails were unclassified. (Fox News, 8/26/2015)

Then, on September 1, 2015, Fox News will report that “At least four classified Hillary Clinton emails had their markings changed to a category that shields the content from Congress and the public… in what State Department whistleblowers believed to be an effort to hide the true extent of classified information on the former secretary of state’s server. The changes, which came to light after the first tranche of 296 Benghazi emails was released in May [2015], was confirmed by two sources — one congressional, the other intelligence. The four emails originally were marked classified after a review by career officials at the State Department. But after a second review by the department’s legal office, the designation was switched to ‘B5’…”

Kate Duval (Credit: LinkedIn)

Kate Duval (Credit: LinkedIn)

One of the lawyers in the office where the changes are made is Kate Duval, who once worked for Williams & Connolly, the same law firm as Clinton’s personal lawyer David Kendall.  Duval also served as an attorney and advisor in the Obama Administration on oversight issues and high-profile investigations, most recently at the Department of State and, before that, as Counselor to the Commissioner of the Internal Revenue Service. There are internal department complaints that Duval, and a second lawyer also linked to Kendall, “gave at the very least the appearance of a conflict of interest during the email review. A State Department spokesman did not dispute the basic facts of the incident, confirming to Fox News the disagreement over the four classified emails as well as the internal complaints. But the spokesman said the concerns were unfounded.” (Fox News, 9/1/2015)

Kennedy will also be interviewed by the FBI on December 21, 2015. Redactions will make the interview summary difficult to follow, but apparently he will be asked about these accusations. He will say that while the official who accused him “says it like it is” and has “no fear of telling truth to power,” he “categorically rejected” the allegations of classified code tampering. (Federal Bureau of Investigation, 9/23/2016)

May 19, 2015: A federal judge orders the gradual release of all of Clinton’s work-related emails.

In response to a Freedom of Information Act (FOIA) lawsuit from Vice News, US District Judge Rudolph Contreras orders the State Department to release the over 30,000 Clinton emails from her time as secretary of state in small batches, with redactions of any classified information. The State Department says it will finish doing so by January 29, 2016. (The Washington Post, 3/27/2016

Over the next several months, the State Department will release 30,068 emails in 14 batches, with the final batch getting released one month late, on February 29, 2016. (The New York Times, 2/29/2016)

July 20, 2015: A federal judge criticizes “the State Department for four years dragging their feet” over their release of some Clinton’s documents.

Judge Richard J. Leon (Credit: Borderland Beat)

Judge Richard J. Leon (Credit: Borderland Beat)

US District Judge Richard J. Leon is responding to Freedom of Information Act (FOIA) requests, mostly relating to Clinton’s daily calendars and schedules, not her emails. (Politico, 7/20/2015Leon says that “even the least ambitious bureaucrat” could process the request faster than the State Department’s efforts. The Associated Press is suing the State Department to release more documents. (Foreign Policy, 7/30/2015)

August 7, 2015: The State Department is ordered to release more Clinton documents.

US District Judge Richard J. Leon sets a stringent schedule for the department to provide the Associated Press with the documents they requested in a lawsuit over the next eight months. The order issued by Leon does not include the over 30,000 Clinton emails the State Department has already scheduled to be released in the Leopold case, nor does it include the 20 boxes given to the State Department by Philippe Reines, a former Clinton senior adviser. The documents include thousands of pages of Clinton’s calendars and schedules. (The Associated Press, 8/7/2015)